What a partition action is

A partition action is a court procedure that lets two or more people who own real property together (for example, tenants in common or joint tenants) force a division of the property or a sale and distribution of the sale proceeds. In Missouri, co-owners can use a partition action when they cannot agree on dividing, using, or selling the property. The statutory framework for partition in Missouri appears in Chapter 525 of the Revised Statutes of Missouri; see in particular RSMo §525.010 for the right to bring an action. (RSMo §525.010, Ch. 525 index).

Who can file and where to file

Anyone with a legal or equitable interest in the real property (for example, a recorded owner, a purchaser under contract, or someone with certain liens or claims) may bring a partition action. File the case in the circuit court in the county where the property is physically located. The court has jurisdiction to decide the dispute, determine ownership shares, and order physical division or sale.

Key steps to initiate a partition action in Missouri

1. Confirm your standing and ownership type. Determine whether you are a joint tenant, tenant in common, or hold another interest. Tenancy by the entirety and some trust arrangements can affect remedies; consider this early.
2. Collect documentation. Assemble deeds, title records, mortgage and lien information, tax records, surveys, probate or trust documents, and any written agreements among owners. The legal description of the property is essential.
3. Try negotiation or mediation first (recommended). Courts generally allow parties to settle by agreement. Mediation or a written buyout offer can resolve the dispute faster and cheaper than litigation.
4. Draft and file a petition for partition. The petition (complaint) must identify the property, describe each party’s interest as you understand it, and state the relief you seek (partition in kind or sale). Missouri statutes and court rules guide pleading form and required allegations. The petitioner files the petition with the circuit court clerk in the county where the real property is located.
5. Serve all interested parties and lienholders. After filing, serve process on all co-owners, occupants, and recorded lienholders. Proper service gives the court authority over everyone with a stake in the property.
6. Request temporary relief if needed. If there is a risk of waste, removal of property, or unauthorized sale, request a temporary injunction or other emergency relief to preserve the status quo while the case proceeds.
7. Court evaluation: partition in kind vs. sale. The court will examine whether the property can be fairly divided (partition in kind). If a practical division is possible, the court may order physical division. If division would be impractical or would substantially reduce value, the court typically orders a sale and distributes proceeds. Missouri law authorizes the court to appoint commissioners or a special master to survey, appraise, divide, or sell the property under court supervision.
8. Appraisal, division or sale under supervision. The court may appoint appraisers or commissioners to value and propose a division. If a sale is ordered, the court will set terms (public auction or court-supervised private sale) and direct how sale proceeds will be applied to liens, costs, and owner shares.
9. Distribution of proceeds and final judgment. The court issues a final judgment or decree that resolves ownership, orders conveyances (for in-kind partition), or directs the distribution of sale proceeds after paying mortgages, liens, court costs, and statutory costs. The judgment is recorded to clear title as required.

What the court considers

The court evaluates the rights and equities of each party, the physical character of the property, how division would affect value and use, and any encumbrances or liens. Missouri courts prefer division in kind when fair and feasible but will order sale when division is impracticable. The process also addresses the priority of mortgages and liens — those generally attach to the property and must be satisfied out of sale proceeds before owners receive their shares.

Typical timeline and costs

Timelines vary. Simple, uncontested partitions can take a few months; contested cases with appraisal, discovery, and appeals can take a year or longer. Expect costs for filing fees, service, appraisal, surveys, and attorney fees. The court may order the parties to share some costs or treat them as liens against proceeds.

When to hire an attorney

Consider hiring a lawyer if the case involves: disputed ownership, mortgages or tax liens, complex title history, minority owners who object, potential offsetting claims (e.g., improvements or contributions), or a spouse’s property interest. A lawyer can draft pleadings, manage service, obtain appraisals, represent you at hearings, and advise on settlement or buyout strategies.

Missouri statutes and resources

Primary statutory authority for partition actions is in Chapter 525 of the Revised Statutes of Missouri. Start with RSMo §525.010 and review related sections for procedure, appointment of commissioners, and sale/distribution rules: RSMo §525.010 and Chapter 525 — Partition (index). For local filing rules and forms, check the circuit court clerk’s office in the county where the property sits.

Example (hypothetical)

Two siblings own a vacant lot as tenants in common and disagree about selling. One sibling files a petition for partition in the circuit court where the lot is located, serves the other sibling and the mortgage holder, and asks the court to order a sale if the lot cannot be equitably divided. The court orders an appraisal, determines the lot cannot be practically divided without harming value, orders a court-supervised sale, pays the mortgage from proceeds, deducts sale costs and fees, and distributes the remainder based on each sibling’s ownership share.

Helpful Hints

• Gather deeds, a recent survey, title report, mortgage and lien records, tax bills, and any written co-ownership agreements before you consult an attorney.
• Try written negotiation or mediation first — courts favor settlement and it is usually faster and cheaper than litigation.
• File in the circuit court in the county where the property is located.
• Service must reach all co-owners and recorded lienholders. Failing to serve a party can delay or derail the case.
• Ask for a temporary injunction if co-owners are threatening to sell, remove assets, or otherwise damage the property.
• Expect the court to prefer partition in kind if it can be done fairly and without destroying property value.
• Be prepared for appraisal and survey costs; these are commonly charged against sale proceeds.
• Understand that mortgages and tax liens usually get paid from sale proceeds before owner distributions.
• Record the final decree or deed as directed by the court to reflect the new title status.